In re Marriage of Dale.

2026 CO 35. No. 25SC220. Motion to Modify Parenting Time—Motion to Restrict Parenting Time—Best Interests of the Child Standard—Child Endanger/Impair Standard—CRS § 14-10-129—In re Marriage of West.

May 26, 2026

The supreme court concluded that a purely quantitative reduction in parenting time (i.e., a reduction unaccompanied by qualitative constraints on the manner, location, or environment in which a parent exercises parenting time) cannot amount to a restriction of parenting time rights unless the reduction eliminates parenting time altogether. The court further concluded that a restriction of parenting time rights refers to the complete elimination of any quantity of parenting time (i.e., zero parenting time) or to qualitative constraints on the manner, location, or environment in which a parent exercises parenting time. Thus, a restriction is either a quantitative reduction to zero parenting time or the imposition of qualitative constraints on the manner, location, or environment in which a parent exercises parenting time; any other adjustment is merely a modification.
Because the district court in this case did not eliminate or otherwise qualitatively constrain father’s parenting time, it did not restrict it; instead, it merely modified it. Accordingly, the district court did not err in applying the best interests standard rather than the endanger/impair standard. A division of the court of appeals reached the same conclusion. Therefore, the judgment was affirmed and the case was remanded with instructions to return it to the district court.